ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  31 January 2019 

                   DOCKET NUMBER:  AR20170015039


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add:

Legion of Merit
Senior Parachutist Badge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Permanent Orders (PO) Number 1-2, dated 4 January 1995
* DD Form 214, dated 31 January 1995
* Legion of Merit Certificate, dated 31 January 1995

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant’s Senior Parachutist Badge request is supported by sufficient evidence; therefore, it will be administratively corrected and not considered by the Board.  The Board will consider Legion of Merit.  

3.  The applicant states the Legion of Merit and the Senior Parachutist Badge were awarded at his retirement ceremony on 31 January 1995.  His DD Form 214 was completed and signed prior to his retirement ceremony; therefore, they were not listed on his DD Form 214.

4.  The applicant provides his Legion of Merit Certificate that reads:

“For distinguishing himself by exceptionally meritorious conduct in the performance of outstanding service to the United States as Chief, Combat Assessment Division, Directorate of Plans, Policy, Doctrine, and Combat Developments, United States Special Operations Command, from 14 July 1992 to 31 January 1995.  His visionary approach to creating the Combat Assessment Division couple the power of computer-based combat modeling with the force analysis and strategic planning processes.  He successfully led the command’s first-ever Program Objective Memorandum War Game, an effort that set the standard for seminar wargaming.  The distinctive accomplishments of                          Colonel B_ culminate a distinguished career in the service of his country and reflect great credit upon him, the United States Special Operations Command, and the United States Army.”

5.  The United States Special Operations Commander in Chief from 20 May 1993 to                29 February 1996 was General Wayne A. Downing.  General Downing is shown to have signed the applicant’s LOM certificate.


6.  A review of the applicant’s service record shows: 

* on 4 June 1969, he was appointed as a Reserve commissioned officer
* no orders or recommendation for awarding him the Legion of Merit. 
* on 31 January 1995, he was honorably retired from active duty
* he completed 25 years, 7 months, and 27 days of net service with 7 years and                   3 months of foreign service, and he was awarded or authorized:

* Bronze Star Medal
* Meritorious Service Medal (4th Award)
* Air Medal (20th Award)
* Joint Service Commendation Medal
* Army Commendation Medal
* Army Achievement Medal
* Presidential Unit Citation
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with 2 bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon (Numeral 4)
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Aviator Badge
* Parachutist Badge
* Joint Meritorious Unit Award

7.  Army Regulation (AR) 600-8-22 (Military Awards) states the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  The applicant provided a LOM certificate that is justified by his time in service, his outstanding contributions and achievements, served as a retirement/end of service award, and it was signed by the United States Special Operations Commander in Chief during the time he served.  The Board finds there is sufficient evidence to grant full relief.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	         X	       X           GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his                           DD Form 214, dated 31 January 1995, by awarding and adding the Legion of                                Merit (1st Award). 
				 	___________X________________
					Chairperson
				

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ADMINISTRATIVE NOTE:

1.  A review of the applicant's records shows Permanent Order Number 1-2, dated                  4 January 1995, authorizes the applicant the Senior Parachutist Badge.

2.  As a result, amend the DD Form 214 with an effective date of 31 January 1995                 by adding Senior Parachutist Badge.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 600-8-22 (Military Awards) states:

   a.  The Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
   
   b.  Award of the Senior Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.  Orders awarded him the Senior Parachutist Badge.

ABCMR Record of Proceedings (cont)	AR20170015039


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